Legal Question in Credit and Debt Law in North Carolina

Boyfriend was looking to trade car with negative equity. Credit was too low for new loan so I cosigned for new car with negative equity rolled onto it. Dealership paid previous loan off prior to us getting approved for new loan. We did not get approved due to negligence on dealerships end. They requested we bring new car back. Now threatening legal action against me for the negative equity because they paid the trade before finding out we got denied. Am I liable for the negative equity that was rolled onto the car we didn't get approved for?


Asked on 10/15/16, 9:45 am

1 Answer from Attorneys

This is bad. First, NEVER, co-sign for anyone, especially a boyfriend. If his credit was too low, he needed to boost it or else buy less car. Second, dealer did what is legal - spotting a car. Unfortunately, you are obligated to pay for it. If you didn't and brought the car back, fine and dandy but the dealer was stupid in selling your prior car. That was the third error. Never roll a prior car's purchase payoff into a new car because you will be upside down in short order. Fourth mistake was allowing the dealer to sell the car because dealers never give what the car is worth. And yes, I think you are going to be on the hook for the car balance. However, I suggest that you go see a consumer law attorney who deals with these issues. This is not really my area of expertise and I have not seen all the documents.

It may be that the dealer is liable here for its own actions. Possibly you can file a claim with the NC License and Theft Bureau or see if the dealer did anything which might have violated the unfair trade practice act. This might give you some leverage in negotiating with dealer.

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Answered on 10/15/16, 6:54 pm


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